AOS completed, defense required

TPSTwats

Thank you for the help. I have removed the points you have mentioned. However not sure what you mean by standing? This is how it looks now, what do you think? I want to maximize my chances of winning however i am a little lost and bewildered by the process.

With kind regards, TPSTwats.

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1. I am X, the Defendant in this matter. I will say as follows:

2. On Y, I was visiting a friend who is a resident at H. I parked my vehicle registration no. Sin the car park.

3. I parked the vehicle with permission from a resident at approximately 13:00. The resident had run out of visitor permits as so was not able to provide one for parking the vehicle, however, they were in the process of ordering some. I left the premises at approximately 14:00.

4. I arrived at the car park in adverse weather and the signs were difficult to read as they are not lit. The signs were difficult to read in this situation and it did not help that the print was small. This can be seen with image (b.1 IMG_20190210_115109.jpg) and image (b.2 IMG_20190210_115144.jpg). There is also a lack of signage as shown by image (b.3 IMG_20190210_115216.jpg) and video (c. VID_20190210_115225.mp4) of the car park.

5. The signs at xxx do not conform to the requirements of schedule 1 of the IPC Code of Practise, as follows:

a. There are no entrance signs as required in Part E Schedule 1 of the IPC Code of Practise (see Exhibit A).
b. The signs are not all illuminated as required in Part E Schedule 1 of the IPC Code of Practise (Exhibit .
c. Total Parking Solutions Limited have no identified themselves as ‘the creditor’ (Part E Schedule 1 of the IPC Code of Practise (Exhibit .

6. The terms of the sign are also unfair and a disguised penalty. As stated in the Unfair Terms I Consumer Contracts Regulations 1999:

a. ''5.(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.
b. (2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.''

7. Since receiving the penalty charge notice The Claimant has not supplied further and better particulars, even though I have requested these on multiple occasions.

8. The BW Legal Limited’s FAQ’s which was sent to me in my reply for further and better particulars did not fulfil any of my requests and was a shameful attempt to do so. They in no way answered any queries I had and this should have been obvious to The Claimant.

9. The Claimant has not notified me whether I am being pursued as the driver or the keeper of the vehicle.

Statement of Truth

I believe that the facts stated in this Witness Statement are true.

TPSTwats

Another court case has come through for another PCN, so the lessons i am learning i am applying to that one. I really can't wait for this to be over!

KeithP

7. Since receiving the penalty charge notice The Claimant has not supplied further and better particulars, even though I have requested these on multiple occasions - see exhibits xxx, yyy and zzz.

You need to reference all your evidence in your Witness Statement similarly.

TPSTwats

Thanks Keith.

nosferatu1001

"Adverse weather"
Just say what the conditions were. Adverse weather covers a lot.

TPSTwats

I have made the points suggested. What do you think, do i stand a good chance of winning?

Not too bothered about the costs, but that would be nice, hopefully will serve them not to instigate again. As i say i have another one, so hopefully this will go well so that i can learn enough for the second one.

With kind regards, TPSTwats.

TPSTwats

Do you think i am ready to submit to the court? I want so submit via email, early and then prepare a binder.

Coupon-mad

I didn't see that you are evidencing the consent of the resident to authorise your parking, and the fact the parking firm had delayed issuing more visitor permits, or NOT PROVIDED ENOUGH?!

A letter signed & dated under a STATEMENT OF TRUTH by the resident, saying that, would be great. Even better if the resident will attend the hearing with you as an honest witness - take him/her out for lunch or for a beer or two, if you win & get your costs!

Use email for the Claimant's solicitor by all means.

But don't email to your local court their version, they are unlikely to print it all out.

JUST the ring binder version, deliver it in person, with all pages numbered, all evidence also numbered to match where you refer to it in the WS, and a content page, and a draft costs schedule for time off work, travel & parking for attending a hearing.

On the outside of the binder, stick firmly a note of the claim number and HEARING DATE.

TPSTwats

Thank you, I was hoping you would reply.

nosferatu1001

I still dont see what you mean by "adverse weather"? Is this you trying to use "court language"? WEll dont!

Was it raining? Snowing? Hail? Thunder? Lightning? and so on...